Comparing the arbitration rules of major arbitral institutions and those of UNCITRAL
Produced in partnership with Simmons & Simmons LLP
Comparing the arbitration rules of major arbitral institutions and those of UNCITRAL

The following Arbitration guidance note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:

  • Comparing the arbitration rules of major arbitral institutions and those of UNCITRAL
  • Choosing arbitration rules
  • Common provisions in arbitration rules
  • Procedural issues which are not usually covered
  • Which version of the arbitration rules applies?
  • Which arbitration rules are the most appropriate?
  • Comparing arbitration rules—procedure
  • Comparing arbitration rules—costs
  • Comparing arbitration rules—grounds for challenge/appeal
  • Comparing arbitration rules—the award

There are a significant number of different arbitral institutions, organisations and rules across the globe, and the distinctions between them are not always obvious. The table below compares some key provisions of some of the most commonly used arbitration rules.

For an explanation of the key differences between institutional arbitration and ad hoc arbitration, see Practice Notes: Institutional arbitration—an introduction to the key features of institutional arbitration and Ad hoc arbitration—an introduction to the key features of ad hoc arbitration.

For a specific comparison of three noted European arbitral institutions, see Practice Note: Comparing arbitration rules of three European arbitral institutions

For a specific comparison of three noted Asian arbitral institutions, see Practice Note: Comparing arbitration rules of three Asian arbitral institutions.

Choosing arbitration rules

Parties that choose arbitration over litigation will rarely agree their own procedural rules governing their arbitration proceedings, although they are entitled to do so given that arbitration is a consensual process. Instead, they will often agree to use the arbitration rules of an arbitral institution or other organisation, modified as appropriate to suit their own requirements. Parties can agree to have their arbitration administered by an institution (such as the International Chamber of Commerce (ICC)) which has a set of arbitration rules or conducted ad hoc, usually by reference to a set of arbitration rules (such as the